Baca DeGarie v. Arvada Fire Protection District et al

Filing 23

STIPULATED PROTECTIVE ORDER by Judge R. Brooke Jackson on 7/29/15. (jdyne, ) (Main Document 23 replaced on 7/29/2015 to correct scanning error) (jdyne, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge R. Brooke Jackson
Civil Action No. 1:14-cv-02609-RBJ-CBS
ANGELA BACA DeGARIE,
Plaintiff,
v.
ARVADA FIRE PROTECTION DISTRICT and
CHIEF JON GREER,
Defendants.

STIPULATED PROTECTIVE ORDER
Under Rule 26(c) FED. R. CIV. P., IT IS ORDERED:
1.

This Stipulated Protective Order shall apply to all documents, materials and

information, including without limitation, documents produced, answers to interrogatories,
responses to requests for admission, depositions and other information disclosed pursuant to the
disclosure or discovery duties created by the Federal Rules of Civil Procedure.
2.

As used in this Stipulated Protective Order, “document” is defined as provided in

Rule 34(a), FED. R. CIV. P. A draft or non-identical copy is a separate document within the
meaning of this term.
3.

Confidential documents, materials, and information (collectively, the

“Confidential Information”) shall not be disclosed to any third-party, except as set forth below,
or used for any purpose except the preparation and trial of this case. The duty to keep
confidential information confidential survives the completion of this case.
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4.

Pursuant to Judge R. Brooke Jackson’s Practice Standards, the parties seek to

restrict public access to certain types of confidential information. To the extent that such
information cannot be filed in a redacted format or is otherwise prevented from disclosure, the
parties agree to designate as “Confidential” documents containing the following information: (1)
any personally identifiable information that implicates common law and/or statutory privacy
interests with regards to the parties to this action and their agents, including but not limited to,
employees and volunteers, including but not limited to, Social Security numbers, dates of birth,
familial information, education and employment histories, information related to training and job
performance, financial account numbers, residential addresses, personal phone numbers and
records concerning compensation, employee duties and performance, employee discipline and
promotions, and/or personnel decisions; (2) medical information regarding Plaintiff Angela Baca
DeGarie (“Plaintiff”), Defendant Jon Greer, or any other individual; and (3) trade secrets and
confidential, proprietary information of Defendant the Arvada Fire Protection District (“AFPD”),
including but not limited to AFPD’s general business practices, financial matters, and technical,
strategic or other proprietary business information. As a condition of designating documents for
confidential treatment, the documents must be reviewed by a lawyer and a good faith
determination must be made that the documents are entitled to protection.
5.

A party designating documents as Confidential Information may do so by

marking such material with the legend "Confidential." The inadvertent disclosure of Confidential
Information without such a legend shall not constitute a waiver of the protected status of
Confidential Information. If an attorney discovers that Confidential Information was disclosed
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without the "Confidential" legend, he or she shall immediately counsel for all other parties and,
subject to the procedure set forth below for contesting whether a document constitutes
Confidential Information, counsel for all other parties shall immediately agree to treat said
document as Confidential Information in accordance with this Stipulated Protective Order.
6.

Whenever a deposition involves the disclosure of Confidential Information, the

deposition or portions thereof shall be designated as “Confidential” and shall be subject to the
provisions of this Stipulated Protective Order. Such designation shall be made on the record
during the deposition whenever possible, but a party may designate portions of depositions as
Confidential after transcription, provided written notice is promptly given to all counsel of record
within thirty (30) days after notice by the court reporter of the completion of the transcript.
7.

All Confidential Information designated “Confidential” may be reviewed only by

the following persons (subject to Paragraph 10 of this Order):
a.

Attorneys actively working on this case on behalf of a party or parties to
this case;

b.

Persons employed by or otherwise contractually associated with the
attorneys actively working on the case whose assistance is required by said
attorneys in the preparation of the case, at trial, or at other proceedings in
this case;

c.

The parties, including Plaintiff, Defendant Greer, and AFPD’s Board of
Directors, officers, management, and any advisory witnesses who are
directly assisting said attorneys in the preparation of this case;
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d.

Expert witnesses and consultants retained in connection with this
proceeding, to the extent such disclosure is necessary for preparation, trial
or other proceedings in this case;

e.

The Court, jurors and/or Court staff in any proceeding herein;

f.

Stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;

g.
h.
8.

Deponents, witnesses or potential witnesses; and
Other persons by written agreement of the parties.

A party may object to the designation of particular Confidential Information by

giving written notice to the party that designated the disputed information and all other parties
to the civil action. The written notice shall identify the information to which the objection is
made. If the parties cannot resolve the objection within ten (10) business days after the time the
notice is received, it shall be the obligation of the party designating the information as
Confidential Information to schedule a mutually convenient time for a telephone hearing with
the Court as discussed in the Court’s Practice Standards in order to request that the Court
determine whether the disputed information should be subject to the terms of this Stipulated
Protective Order. If contact with the Court is timely made, the disputed information shall be
treated as Confidential Information under the terms of this Stipulated Protective Order until the
Court rules on the issue. If the designating party fails to contact the Court within the prescribed
period, the disputed information shall lose its designation as Confidential Information and shall
not thereafter be treated as Confidential Information in accordance with this Stipulated
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Protective Order. In connection with a motion filed under this provision, the party designating
the information as Confidential Information shall bear the burden of establishing that good
cause exists for the disputed information to be treated as Confidential Information.
9.

Any request to restrict access must comply with the requirements of

D.C.COLO.LCivR 7.2.
10.

At the conclusion of this case, unless other arrangements are agreed upon, each

document and all copies thereof which have been designated as Confidential Information shall
be destroyed or preserved by counsel in a manner which is fully consistent with the terms of this
Stipulated Protective Order. At the end of the litigation (including any appeals), counsel will
not be required to return the material.
11.

This Protective Order may be modified by the Court at any time for good cause

shown following notice to all parties and an opportunity for them to be heard.
DATED this 29th day of July 2015.
BY THE COURT:

___________________________________
R. Brooke Jackson
United States District Judge

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APPROVED:

s/ Joan M. Bechtold
Joan M. Bechtold
Ariel B. DeFazio
Sweeney & Bechtold LLC
650 S. Cherry St., Ste 650
Denver, Colorado 80246
[e-mail]
[e-mail]
Telephone: [phone]

s/ Kelley B. Duke
Kelley B. Duke
Dino A. Ross
Ireland Stapleton Pryor & Pascoe, PC
717 17th St., Ste. 2800
Denver, CO 80202
[e-mail]
[e-mail]
Telephone: [phone]

Attorneys for Plaintiff

Attorneys for Defendants

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